Making a Mark: The Role of Trademarks in Branding Doha, Qatar 10 April 2011 Najmia Rahimi Senior Program Officer, Small and Medium-Sized Enterprises Division.

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Presentation on theme: "Making a Mark: The Role of Trademarks in Branding Doha, Qatar 10 April 2011 Najmia Rahimi Senior Program Officer, Small and Medium-Sized Enterprises Division."— Presentation transcript:

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Making a Mark: The Role of Trademarks in Branding Doha, Qatar 10 April 2011 Najmia Rahimi Senior Program Officer, Small and Medium-Sized Enterprises Division

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What is Branding Branding allows a company to differentiate its products and services from the competition by creating a bond with its customers in order to create customer loyalty. This way, a company can have a position in the marketplace that is much more difficult for the competition to poach. A satisfied customer may leave. But a loyal customer is more likely to stay.

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Concept of Branding A company image as seen by the customer Good branding = getting people to recognize you first Having an effective logo with which customers can identify you A brand is what differentiates you from your competitors Good advertising and how it attracts customers A compelling customer experience

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Branding is sending a message Think of it this way: Marketing is a conversation. The brand name initiates the conversation which will develop multiple concepts and criteria, namely: Vision, mission, message, service, package, image, differentiation, understanding the customer, advertising, logo, name recognition, customer service, internal training, team work, investment

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Branding matters Consumers are starved for time and overwhelmed by the choices available to them. They want strong brands that simplify their decision making and reduce their risks. Kevin Lane Keller, Tuck School of Business

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Purpose of Branding Gives a business a significant edge over the competition Have the customer view a business as the only solution to their problem A strong brand engenders feelings of trust, reliability, loyalty, empathy, responsiveness and recognition in the customers mind

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Choose the right format There are several ways the publishing industry can exploit the online publishing market and its important that publishers choose the path that will suit them best. Daily newspapers may rely on a website and downloadable news service that allows readers to find out more, access archives and post comments. Magazine publishers, on the other hand, may find that their subscribers want to see an online magazine version – using a page-turning, searchable format that they can browse at their convenience. Book publishers can give readers a taste of new releases by putting the first chapter online, in the same, page-turnable form – already available on Amazon. Podcasts may allow publishers to give their readers access to an audio trailer for the written publication, highlighting columnists, features and special offers, directing the listener to the website or webmag for more details. Careful market and technology research is needed to ensure that publishers are choosing the best option for their core publications.

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Content is king In the end, it doesnt just matter how people choose to access your content; it matters that your content is worth accessing. If you publish good material, people will read it. Newspapers, journals and magazines will still need to employ journalists whose writing is of a high standard. They will still need to have access to photographers who can produce images that make us stop and think, or want to know more. They will need designers who can make the content accessible through a variety of formats. The better your content and the more available it is, the more readers you will attract.

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The Nike case Reflects the popularity of a well-known TM The Swoosh is the well known symbol of Nike Originally Nikes logo included also the shoemakers name At the end of the nineties, the Nikes name disappeared The swoosh remained as the main identification symbol of the shoemaker Today there is no need to include the brand into this logo since the recognition of a simple swoosh automatically brings our attention to Nike

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Purpose of Branding Gives a business/enterprise a significant edge over the competition Makes the customer view a business/enterprise as the only solution to their need or problem A strong brand engenders feelings of trust, reliability, loyalty and recognition in the customers mind. Through its brand image an enterprise will attract and retain customer loyalty for its goods and services and increase the value of its business

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Successful Branding Developing a brand part and parcel of every strategic business plan Target what customers care about: articulate precise values and qualities that are relevant and of direct interest Emphasize features that are both important to consumer and quite differentiated from competitors Sell the brand outside and inside: Motivate employees to identify with brand Keep brand flexible Communicate the brand image at all levels of operation Intellectual Property Rights such as trademarks and industrial designs important tools for branding

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What to Remember when selecting Trademark? Inherently distinctive Coined or fanciful words: Kodak Arbitrary marks: apple for computers Suggestive marks: SUNNY for heaters Easy to memorize and pronounce Fits product or image of the business Has no legal restrictions Reasons for rejection TM search>not identical or confusingly similar to existing TM Has a positive connotation Suitable for export markets Corresponding domain name available

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Scope of Rights The exclusive right to use the mark The right to prevent others from using an identical or similar mark for identical or similar goods or services The right to prevent others form using an identical or similar mark for dissimilar goods or services

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Keep in Mind The time it takes to register a TM The costs associated with TM protection The need for a trademark search A trademark agent may be required Protecting at home and abroad Renewing your registration

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Protecting at Home and Abroad The national route Each country where you seek protection The regional route Countries members of a regional trademark system: African Regional Industrial Property Office; Benelux TM office; Office for Harmonization of the Internal Market of the EU; Organisation Africaine de la Propriété Intellectuelle The international route The Madrid system administered by WIPO (over 81 member countries)

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Using a Trademark Actively using a TM Using/maintaining a TM in marketing and advertising Using the mark on the internet Using the mark as a business asset

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Actively using a Trademark Offering the goods or services Affixing the mark to the goods or their packaging Importing or exporting the goods under the mark Use on business papers or in advertising

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Using a Trademark in Advertising Use exactly as registered Protect TM from becoming generic Set apart from surrounding text Specify font, size, placement and colors Use as an adjective not as noun or verb Not plural, possessive or abbreviated form Use a trademark notice in advertising and labeling ® Monitor authorized users of the mark Review portfolio of trademarks An evolving trademark

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Using a TM on the Internet Use of TM on internet may raise controversial legal problems Conflict between trademarks and domain names (internet addresses) - cybersquatting WIPO procedure for domain name dispute (http://arbiter.wipo.int.domains)

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Using a Trademark as a business asset Licensing: owner retains ownership and agrees to the use of the TM by other company in exchange for royalties > licensing agreement (business expansion/diversification) Franchising: licensing of a TM central to franchising agreement. The franchiser allows franchisee to use his way of doing business (TM, know-how, customer service, s/w, shop decoration. Etc) Selling/assigning TM to another company (merger & acquisitions/raising of cash)

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Enforcing Trademarks Responsibility on TM owner to identify infringement and decide on measures Cease and desist letter to alleged infringer Search and seize order Cooperation with customs authorities to prevent counterfeit trademark goods Arbitration and mediation (preserve business relations)